Public-domain · open source
OpenJurist

404 So. 2d 1083

Pai v. Mosca

District Court of Appeal of Florida

Decided September 23, 1981

District Court of Appeal of Florida · decided 1981-09-23

Cited by 6 later decisions — most recently June 1988

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1981-09-23

View the full empirical analysis of this case →

COBB, Judge.

¶1The Moscas sued Pai on two promissory notes. In a letter to the court that was construed as an answer, Pai raised the following defenses: (1) that he had signed the notes as agent for another entity; (2) duress; (3) extension of time; and (4) partial payment.

¶2The Moscas moved for summary judgment and Pai filed an affidavit in opposition to their motion for summary judgment in which he claimed that he had made some payments towards the notes and for which he claimed entitlement to an accounting and a set-off.

¶3We affirm that portion of the summary judgment on the issues of agency, duress, and extension of time. We reverse that portion of the summary judgment on the controverted issue of partial payment.

¶4AFFIRMED in part; REVERSED in part.

DAUKSCH, C. J., and SHARP, J., concur.
/404/so2d/1083 · .json · Public domain